Opinions Nov. 13, 2019

Indiana Tax Court
Crown Property Group, LLC v. Indiana Department of State Revenue, and Adam J. Krupp
18T-TA-27
Tax. Grants Crown Property Group’s motion for summary judgement and denied the Indiana Department of State Revenue’s motion for summary judgment. Finds Crown is entitled to a refund of its filing fee plus $1,811.30, the entire amount levied by the department’s collection agent that comprises the withholding tax, the collection fee and the bank fee.

Indiana Court of Appeals
Susan Sockrider v. Burt Blee Dixon Sutton & Bloom LLP
19A-PL-01155
Civil plenary. Affirms the Allen Circuit Court’s grant of summary judgment in favor of Burt Blee Dixon Sutton & Bloom LLP against Susan Sockrider. Holds the trial court properly entered summary judgment for Burt Blee. Finds that Sockrider waived the issue for the court’s review due to her failure to raise the affirmative defenses in her response to Burt Blee’s motion for summary judgment.

State of Indiana v. Julio Serrano
19A-CR-305
Reverses the Hendricks Superior Court’s order granting Julio Serrano’s supplemental motion to suppress. Finds that the new crime exception to the exclusionary rule applies in this case. Remands for further proceedings.

Jeffery Overstreet v. State of Indiana
19A-CR-1114
Criminal. Affirms the revocation of Jeffrey Overstreet’s probation and the imposition of the balance of his previously suspended sentence. Finds the Dearborn Circuit Court did not abuse its discretion by revoking Overstreet’s probation.

James Schenke v. State of Indiana
19A-CR-733
Criminal. Affirms the revocation of James Schenke’s pretrial diversion agreement to a misdemeanor count of invasion of privacy but remands for a new trial, finding that he was denied the right to legal representation in Tippecanoe Superior Court.

C.W. v. State of Indiana (mem. dec.)
19A-JV-1077
Juvenile. Affirms the Vigo Circuit Court’s modified dispositional order modifying C.W.’s disposition from strict formal probation to commitment to the wardship of the Department of Correction for placement at the Indiana Boys School. Finds C.W. waived his due process claim, that any error regarding the findings in support of modification does not amount to reversible error, and that the trial court did not abuse its discretion.

In Re the Termination of the Parent-Child Relationship of: A.W. and Al.W (Minor Children) And T.N.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-852
Juvenile termination. Affirms the termiantion of T.N.D.’s parental rights to her minor children, A.W. and Al.W. Concludes that the Department of Child Services presented clear and convincing evidence to support the trial court’s order terminating T.N.D.’s parental rights to the children.

Curtis Martin v. State of Indiana (mem. dec.)
19A-CR-718
Criminal. Reverses Curtis Martin’s conviction for Level 3 felony possession of methamphetamine. Finds the Marion Superior Court erred in entering judgment of conviction and 26-year sentence on the included offense of possession of methamphetamine.

Shawn Twitty v. State of Indiana (mem. dec.)
19A-CR-500
Criminal. Affirms the Marion Superior Court’s denial of Shawn Twitty’s motion to correct erroneous sentence. Finds Twitty has already challenged his consecutive sentences, raising the same issue several times. Concludes Twitty’s motion to correct erroneous sentence is barred by res judicata and that the trial court did not err.

H.H. v. State of Indiana (mem. dec.)
19A-JV-1102
Juvenile. Affirms H.H.’s adjudication as a delinquent for committing an act that would be Level 6 felony sexual battery if committed by an adult. Finds there is sufficient evidence to support the adjudication.

Gregory Kincaid v. State of Indiana (mem. dec.)
19A-CR-829
Criminal. Affirms Gregory Kincaid’s five-year sentence for conviction of Level 5 felony domestic battery. Finds the sentence is not inappropriate in light of the nature of the offense and Kincaid’s character. Finds the trial court did not err in considering the cumulative impact of Kincaid’s abuse to the victim and her children to be an aggravator in determining his sentence.

James Saylor v. State of Indiana (mem. dec.)
19A-CR-1095
Criminal. Affirms James Saylor’s conviction of Level 6 felony domestic battery and Class A misdemeanor criminal trespass. Finds the Allen Superior Court did not abuse its discretion in admitting testimony under the excited utterance exception to the hearsay rules. Finds there is sufficient evidence to support the conviction.

David Johnson v. State of Indiana (mem. dec.)
19A-CR-1158
Criminal. Affirms the revocation of David Johnson’s probation and order that he serve his previously suspended four-year sentence. Finds the Noble Circuit Court did not abuse its discretion in ordering Johnson to serve the previously suspended four years of his initial sentence.

Shon Hudson v. State of Indiana (mem. dec.)
19A-CR-583
Criminal. Affirms Shon Hudson’s conviction of Level 3 felony armed robbery. Finds there is sufficient evidence to sustain the conviction.

Shannon J. Danley v. State of Indiana (mem. dec.)
19A-CR-729
Criminal. Affirms Shannon Danley’s one-year sentence for conviction of Class A misdemeanor battery. Finds Danley has not shown that his one-year sentence with credit for time served and the balance suspended to reporting probation is inappropriate in light of the nature of the offense and his character.

In the Matter of: K.H. (Child Alleged to be in Need of Services) and R.H. (Mother); R.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-913
Juvenile CHINS. Affirms the termination of R.H.’s wardship over her daughter, K.H. Finds the Noble Superior Court did not violate R.H.’s due process rights when it terminated the Department of Child Services’ wardship of K.H. prior to ruling on two pending motions concerning issues that had already been litigated before the trial court.

Arron Andre Waldeck v. State of Indiana (mem. dec.)
19A-CR-869
Criminal. Affirms Arron Waldeck’s four-year sentence for Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds the sentence is not inappropriate in light of her character and the nature of her offense.

Michelle R. Tollefson v. State of Indiana (mem. dec.)
19A-CR-1168
Criminal. Affirms Michelle Tollefson’s 21-year sentence for conviction of Level 2 felony dealing in methamphetamine in excess of ten grams. Finds the sentence is not inappropriate.

Laurin A. Smith v. State of Indiana (mem. dec.)
19A-CR-1287
Criminal. Affirms Laurin Smith’s 360-day sentence for conviction of Class A misdemeanor battery resulting in bodily harm. Finds there is sufficient evidence to support the conviction and that the sentence is not inappropriate in light of the nature of the offense and her character.

Keenan Thurman v. State of Indiana (mem. dec.)
19A-CR-836
Criminal. Affirms Keenan Thurman’s seven-year sentence for conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support the conviction and that the sentence is not inappropriate in light of the nature of the offense and his character.

Mark Johnson v. State of Indiana (mem. dec.)
18A-PC-1929
Post conviction. Affirms the denial of Mark Johnson’s petition for post-conviction relief. Finds Johnson did not demonstrate his appellate counsel was ineffective because she did not argue that his trial counsel was ineffective or that the Marion Superior Court erred when it adjudicated him a habitual offender.